Full question:
My wife's grandmother died and left her a family heirloom (dresser) of which we do not know the value. We took it to a bona fide refinisher and carpenter who has scheduled six separate deliveries with us not once delivering our dresser or calling to inform they were not delivering. We have not paid anything but it has been over two months since the first delivery was scheduled. What legal recourse do I have to either get our antique back or get compensated for the value of the dresser.
- Category: Civil Actions
- Subcategory: Conversion
- Date:
- State: Texas
Answer:
You may want to consider filing a civil suit against the refinisher/carpenter
for conversion. Conversion is when someone wrongfully uses property of
another for their own purposes or alters or destroys it. In an action for
conversion, the taking of the property may be lawful, but the retaining of the
property is unlawful. To succeed in the action, the plaintiff must prove that
he or she demanded the property returned and the defendant refused to do
so.
Damages may be recovered for the replacement value of the property as
well as for the loss of its use. Conversion is very similar to theft, but is a civil
action, not a criminal action. For example, when a mechanic wrongfully
refuses to return a car brought in for repairs, it the mechanic may be subject
to an action for conversion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
